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Law No. 11 of 2019 On Issuing of Criminal Order By Judges

Law
Law No. 11 of 2019 On Issuing of Criminal Order By Judges We, Saud Bin Saqr Bin Mohammed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; Federal Law no. 9 of 1976 on Delinquent & Homeless Juveniles; Federal Law no. 3 of 1987 on Promulgating of Penal Law, as amended; Federal Law no. 11 of 1992 on Promulgating Civil Procedures Law, as amended; Federal Law no. 35 of 1992 on Promulgating Criminal Procedures Law, as amended; Law no. 2 of 2012 on Establishing Public Prosecution; Law no. 5 of 2012 on Regulating Judiciary; Law no. 9 of 2016 on Judicial Fees, as amended; and Under the approval of Executive Council, Have promulgated the following law: Article (1) On misdemeanor crimes, supplementary penalties, criminal measures and judicial fees for which the law does not adjudicate imprisonment penalty, if Public Prosecution considers that the crime, as per conditions thereof, may be sentenced only by fine punishment, it may request the judge of the court having jurisdiction over the lawsuit to sentence the accused person the punishment by an order rendered based on minutes of gathering inferences or other evidences, without conducting an investigation or hearing pleading. The crimes stated in clauses 1 to 5 of Article 334 of Penal Procedures Law shall be excluded. Article (2) Criminal order shall be sentenced only by fine, supplementary punishments, criminal measures and judicial fees and the same may be sentenced by innocence or suspension of punishment execution. Article (3) The judge is entitled to refuse rendering the order if he/she sees that: First: The lawsuit cannot be adjudicated in its current status without investigation or pleading. Second: Due to the prior records of the accused person or any other reason, the incident requires sentencing a punishment severer than the fine, which the order may be rendered therewith. This resolution may not be appealed and the lawsuit shall be proceeded by ordinary ways. Article (4) Upon considering one of the misdemeanors stated in the First Article, the competent judge, sua sponte, is entitled to render criminal order therein if the accused person fails to appear despite being notified or appears and declares desire to terminate the case by this way. Article (5) In addition to what was sentenced, the order shall include lawsuit number, the name of the accused person, personal details thereof, the incident for which he was punished and the article of the law that was applied. Moreover, the order shall be served to the accused person who failed to appear and civil right claimant pursuant to the procedures stipulated in Federal Civil Procedures Law and regulation thereof. Article (6) The Public Prosecution and the accused person may declare their non-acceptance of the criminal order, rendered by the judge, by providing a report to Appeal Section in Public Prosecution within (7) seven days; from the date of issuing the order regarding the Public Prosecution and the present accused person; and from the date of serving the order to the accused person who fails to appear. This report shall entail terminating the order and deeming it null and void. The section shall set date to consider the lawsuit before appeal court and this shall be considered as service process thereof even if the report is submitted by an attorney. Article (7) If accused persons are multiple, a criminal order is rendered there against, they decide not to accept the same, some of them appear on the date set to consider the lawsuit and others fails to appear, the lawsuit shall be considered for those who appears and the order shall be final and enforceable for those who fails to appear. Article (8) The criminal order shall become final and enforceable in any of the following cases: 1- If the deadline of objection on the order lapsed; 2- If the accused person waived his objection before convening the hearing set to consider the same and paid the fine stated in the order; and 3- If the accused person failed to appear in the first hearing, set to consider objection thereof. Article (9) Claim of civil rights does not impede issuance of criminal order by the judge and the claimant of civil rights is entitled to resort the competent civil court to claim for rights thereof. However, such order shall have no res judicata before this court. Article (10) The criminal order shall be executed in accordance with the rules stipulated in Criminal Procedures Law. If the accused person, upon execution, alleges that he/she still has the right to non-accept the order for being non-served or for any other reason, or failure to appear in the hearing set to consider the lawsuit due to the force majeure, or other complication on execution; the complication shall be referred to the judge who rendered the order to adjudicate the same without pleading. However, if he/she sees the impossibility to adjudicate the same as is or without investigation or pleading, then a date to consider the complication pursuant to ordinary procedures shall be set; and the accused person in addition to the rest of the opponents shall be requested to appear in the date set. If the complication is accepted, the trial shall take place pursuant to the procedures stipulated in the law. Article (11) The objection of the accused person on the criminal order rendered by the judge shall only be registered after payment of a fee of (AED 300/-) three hundred dirhams. Article (12) Criminal Order Law no. 2 of 2018 shall be repealed. Article (13) This law shall come into force (1) one month after the date of issuance hereof and be published in the Official Gazette. Issued by us on this day, Sunday Rabai Al-Awal 6th 1441 A.H. Corresponding to November 3rd 2019 A.D. Saud Bin Saqr Bin Mohammed Al Qasimi Ruler of Ras Al Khaimah
  • On misdemeanor crimes, supplementary penalties, criminal measures and judicial fees for which the law does not adjudicate imprisonment penalty, if Public Prosecution considers that the crime, as per conditions thereof, may be sentenced only by fine punishment, it may request the judge of the court having jurisdiction over the lawsuit to sentence the accused person the punishment by an order rendered based on minutes of gathering inferences or other evidences, without conducting an investigation or hearing pleading.
    The crimes stated in clauses 1 to 5 of Article 334 of Penal Procedures Law shall be excluded.
  • Criminal order shall be sentenced only by fine, supplementary punishments, criminal measures and judicial fees and the same may be sentenced by innocence or suspension of punishment execution. 
  • The judge is entitled to refuse rendering the order if he/she sees that: 
    First: The lawsuit cannot be adjudicated in its current status without investigation or pleading.  
    Second: Due to the prior records of the accused person or any other reason, the incident requires sentencing a punishment severer than the fine, which the order may be rendered therewith.   
    This resolution may not be appealed and the lawsuit shall be proceeded by ordinary ways. 
  • Upon considering one of the misdemeanors stated in the First Article, the competent judge, sua sponte, is entitled to render criminal order therein if the accused person fails to appear despite being notified or appears and declares desire to terminate the case by this way.  
  • In addition to what was sentenced, the order shall include lawsuit number, the name of the accused person, personal details thereof, the incident for which he was punished and the article of the law that was applied. Moreover, the order shall be served to the accused person who failed to appear and civil right claimant pursuant to the procedures stipulated in Federal Civil Procedures Law and regulation thereof. 
  • The Public Prosecution and the accused person may declare their non-acceptance of the criminal order, rendered by the judge, by providing a report to Appeal Section in Public Prosecution within (7) seven days; from the date of issuing the order regarding the Public Prosecution and the present accused person; and from the date of serving the order to the accused person who fails to appear. This report shall entail terminating the order and deeming it null and void. 
    The section shall set date to consider the lawsuit before appeal court and this shall be considered as service process thereof even if the report is submitted by an attorney.    
  • If accused persons are multiple, a criminal order is rendered there against, they decide not to accept the same, some of them appear on the date set to consider the lawsuit and others fails to appear, the lawsuit shall be considered for those who appears and the order shall be final and enforceable for those who fails to appear.  
  • The criminal order shall become final and enforceable in any of the following cases: 
    1- If the deadline of objection on the order lapsed; 
    2- If the accused person waived his objection before convening the hearing set to consider the same and paid the fine stated in the order; and
    3- If the accused person failed to appear in the first hearing, set to consider objection thereof.
  • Claim of civil rights does not impede issuance of criminal order by the judge and the claimant of civil rights is entitled to resort the competent civil court to claim for rights thereof. However, such order shall have no res judicata before this court. 

  • The criminal order shall be executed in accordance with the rules stipulated in Criminal Procedures Law.  
    If the accused person, upon execution, alleges that he/she still has the right to non-accept the order for being non-served or for any other reason, or failure to appear in the hearing set to consider the lawsuit due to the force majeure, or other complication on execution; the complication shall be referred to the judge who rendered the order to adjudicate the same without pleading. However, if he/she sees the impossibility to adjudicate the same as is or without investigation or pleading, then a date to consider the complication pursuant to ordinary procedures shall be set; and the accused person in addition to the rest of the opponents shall be requested to appear in the date set. If the complication is accepted, the trial shall take place pursuant to the procedures stipulated in the law. 
  • The objection of the accused person on the criminal order rendered by the judge shall only be registered after payment of a fee of (AED 300/-) three hundred dirhams.  
  • Criminal Order Law no. 2 of 2018 shall be repealed. 

  • This law shall come into force (1) one month after the date of issuance hereof and be published in the Official Gazette.
Classification
  • Penal Legislation
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